ARUNACHALAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner herein, who is the cousin sister of the detenue by name Sundari, challenges the impugned order of detention, dated 28. 10. 2 005 detaining her as 'bootlegger' as contemplated under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, forest Offenders, Goondas, Immoral Traffic Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982 ).

(2.) HEARD learned counsel for the petitioner as well as learned Government Advocate for the respondents.

(3.) AT the foremost, learned counsel for the petitioner submitted that there was delay in disposal of the representation of the detenue, which vitiates the ultimate order of detention. In respect of the same, learned Government Advocate has produced the particulars, which show that the representation of the detenue, dated 23. 11. 2005, was received by the Government on 29. 11. 2005 and remarks were called for on 3 0. 11. 2005, reminder was sent on 13. 12. 2005. The particulars of the Collectorate show that the intimation was received from the Government on 05. 12. 2005 and remarks were, in turn, called for from the Sponsoring Authority on 06. 12. 2005, however, the same were received from the Sponsoring Authority only on 11. 12. 2005, sent to the government on 12. 12. 2005 and the same was received by it on 15. 12. 2005. The File was submitted on 16. 12. 2005 and the same was dealt with by the Under Secretary and the Deputy secretary on 16. 12. 2005 itself. Finally, the Minister for Prohibition and Excise passed orders on 19. 12. 2005. The rejection letter was prepared on 20. 12. 2005 and sent to the Prison on the same day and was served on the detenue on 28. 12. 2005.